DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SUEZ-Resourceco Alternative Fuels Pty Ltd
(AG2021/6837)

SUEZ-RESOURCECO PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2021

Waste management industry
COMMISSIONER PLATT	ADELAIDE, 8 SEPTEMBER 2021

Application for approval of the SUEZ-Resourceco Pty Ltd Employee Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the SUEZ-Resourceco Pty Ltd Employee Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by SEUX-Resourceco Alternative Fuels Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 27 August 2021.

[3] On 2 September 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 7 September 2021. The undertaking deals with the following topics:

• The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

• Casual employees who are shift workers will be paid a cumulative penalty of 142.5% of the ordinary hourly rate for Afternoon shift and 155% of the ordinary hourly rate for Overnight shift.

• Clauses 1.3.6 and 4.1.2 of the Agreement are removed.

• Ordinary hours of work may be worked any time between the hours of 4.00 am to 5.00 pm from Monday to Friday.

• Ordinary hours of work must not exceed 7.6 hours per day and are to be worked continuously except for meal breaks.

• The rates in Schedule 1 of the Agreement are inclusive of the Industry Allowance as well as the Leading Hand Allowance for those covered by the classifications of Supervisor, Maintenance Supervisor and Programmer/Electrical Supervisor.

• An employee (with classifications of Picker/General Hand, Weighbridge Operator, Senior Picker/General Hand, Team Leader Picker and Operator-Grinder) required to commence duty before 4.00 am will be entitled to a transport allowance, unless the employer provides transport.

• A first-aid allowance for employees with classifications of Picker/General Hand, Weighbridge Operator, Senior Picker/General Hand, Team Leader Picker and Operator-Grinder.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the applicant, SUEZ-Resourceco Alternative Fuels Pty Ltd, applied for the approval of the SUEZ-Resourceco Pty Ltd Employee Enterprise Agreement 2021. The applicant sought to establish a new enterprise agreement, which would replace the existing one. The dispute centred on the terms and conditions of employment under the proposed agreement.

The legal issues before the court involved whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for the appropriate minimum entitlements, whether it had been negotiated in good faith, and whether it complied with other relevant provisions of the Act. The applicant argued that the proposed agreement was fair and reasonable, while the respondent contended that it did not adequately protect employees' interests.

The Fair Work Commission considered the arguments of both parties and examined the proposed agreement in detail. The Commission found that the agreement met the necessary criteria for approval. It determined that the agreement provided for appropriate minimum entitlements, was negotiated in good faith, and complied with the relevant provisions of the Fair Work Act. Consequently, the Commission approved the SUEZ-Resourceco Pty Ltd Employee Enterprise Agreement 2021, bringing it into effect from the specified commencement date.

SUEZ-Resourceco Alternative Fuels Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established